State set to execute man with IQ of 61 today

- This May 26, 2006 file photo provided by the Texas Department of Criminal Justice shows death row inmate Marvin Wilson. Attorneys for the 54-year-old Wilson say he's mentally impaired and should be spared from lethal injection in Huntsville, Texas, Tuesday evening. The high court has barred execution of mentally impaired people. (AP Photo/Texas Department of Criminal Justice, File)

A Texas death row inmate scheduled to die later Tuesday for the killing of a police informant 20 years ago is hoping the U.S. Supreme Court agrees with his attorneys that he's too mentally impaired to qualify for execution.

Marvin Wilson, 54, was found to have a 61 IQ on a 2004 test, putting him below the generally accepted minimum competency standard of 70, his attorneys contend in an appeal before the justices.

Attorneys for the state argue that Wilson's claim is based on a single test that may have been faulty and that his mental impairment claim isn't supported by other tests and assessments of him over the years.

Wilson was convicted of murdering 21-year-old Jerry Williams in November 1992, several days after police seized 24 grams of cocaine from Wilson's apartment and arrested him. Witnesses testified that Wilson and another man, Andrew Lewis, beat Williams outside of a convenience store in Beaumont, about 80 miles east of Houston. Wilson, who was free on bond, accused Williams of snitching on him about the drugs, they said.

Witnesses said the Wilson and Lewis then abducted Williams, and neighborhood residents said they heard a gunshot a short time later. Williams was found dead on the side of a road the next day, wearing only socks. He had been severely beaten and shot in the head and neck at close range.

Wilson was arrested the next day when he reported to his parole officer on a robbery conviction for which he served less than four years of a 20-year prison sentence. It was the second time he had been sent to prison for robbery.

At Wilson's capital murder trial, Lewis' wife testified Wilson confessed to the killing in front of her, her husband and his own wife.

"Don't be mad at Andrew because Andrew did not do it," Lewis' wife said Wilson told them. "I did it."

Lewis received a life prison term for his involvement.

In Wilson's Supreme Court appeal, lead lawyer Lee Kovarsky says Wilson's language and math skills "never progressed beyond an elementary school level," that he reads and writes below a second-grade level and that he was unable to manage his finances, pay bills or hold down a job.

In its 2002 ruling outlawing the execution of the mentally impaired, the Supreme Court left it to states to determine what constitutes mental impairment.

Kovarsky argues that Texas is trying to skirt the ban by altering the generally accepted definitions of mental impairment to the point where gaining relief for an inmate is "virtually unobtainable."

State attorneys say the court left it to states to develop appropriate standards for enforcing the ban and thatTexas chose to incorporate a number of factors besides an inmate's IQ, including the inmate's adaptive behavior and functioning.

Edward Marshall, a Texas assistant attorney general, said records show Wilson habitually gave less than full effort and "was manipulative and deceitful when it suited his interest," and that the state considered his ability to show personal independence and social responsibility in making its determinations.

"Considering Wilson's drug-dealing, street-gambler, criminal lifestyle since an early age, he was obviously competent at managing money, and not having a 9-to-5 job is no critical failure," Marshall said. "Wilson created schemes using a decoy to screen his thefts, hustled for jobs in the community, and orchestrated the execution of the snitch, demonstrating inventiveness, drive and leadership."

Wilson's lawyers also argued that additional DNA tests should be conducted on a gray hair from someone white that was found on Williams' body, suggesting someone else killed him. Wilson, Williams and Lewis are black.

Ed Shettle, the Jefferson County assistant district attorney who prosecuted Wilson, dismissed the theory of another killer as a "red herring."

"There was some testimony Marvin said: 'We're going to show you what happens to snitches around here,'" Shettle said.

At least seven other prisoners in the nation's most active death penalty state have execution dates in the coming months, including one later this month.

Wilson would be the seventh person executed by lethal injection in Texas this year.